No Interference with Rights. Employee understands this Agreement does not apply to (i) claims for unemployment or workers' compensation benefits, (ii) claims or rights that may arise after the date that Employee signs this Agreement, (iii) claims for reimbursement of expenses under the Company's expense reimbursement policies, (iv) any vested rights under the Company's ERISA-covered employee benefit plans as applicable on the date Employee signs this Agreement, and (v) any claims that controlling law clearly states may not be released by private agreement. Moreover, nothing in this Agreement (including but not limited to the acknowledgements, release of claims, the promise not to sue, the confidentiality and non-disparagement obligations, cooperation, and the return of property provision) (i) limits or affects Employee's right to challenge the validity of this Agreement under the ADEA or the OWBPA, (ii) prevents Employee from communicating with, filing a charge or complaint with; providing documents or information voluntarily or in response to a subpoena or other information request to; or from participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission, National Labor Relations Board, the Securities and Exchange Commission, the Occupational Safety and Health Administration, law enforcement, or any other federal, state or local agency charged with the enforcement of any laws, or from testifying, providing evidence, responding to a subpoena or discovery request in court litigation or arbitration, or (iii) prevents a non-management, non-supervisory employee from engaging in protected concerted activity under Section 7 of the NLRA or under similar state law such as joining, assisting, or forming a union, bargaining, picketing, striking, or participating in other activity for mutual aid or protection, or refusing to do so; this includes using or disclosing information acquired through lawful means regarding wages, hours, benefits, or other terms and conditions of employment, except where the information was entrusted to the employee in confidence by the Company as part of the employee's job duties.
Appears in 2 contracts
Samples: Employee Separation and Release Agreement (Ascend Wellness Holdings, Inc.), Employee Separation and Release Agreement (Ascend Wellness Holdings, Inc.)
No Interference with Rights. Employee understands You understand this Agreement does not apply to (i) claims for unemployment or workers' ’ compensation benefits, (ii) claims or rights that may arise after the date that Employee signs you sign this Agreement, (iii) claims for reimbursement of expenses under the Company's ’s expense reimbursement policies, (iv) any vested rights under the Company's ’s ERISA-covered employee benefit plans as applicable on the date Employee signs you sign this Agreement, and (v) any claims that controlling law clearly states may not be released by private agreement. Moreover, nothing in this Agreement (including but not limited to the acknowledgements, release of claims, the promise not to sue, the confidentiality and non-disparagement obligations, cooperation, and the return of property provision) prevents you from discussing or disclosing information about unlawful acts in the workplace, such as harassment or discrimination or any other conduct that you have reason to believe is unlawful or waives your right to testify in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or alleged sexual harassment on the part of the Company, or on the part of the agents or employees of the Company, when you have been required or requested to attend such a proceeding pursuant to a court order, subpoena, or written request from an administrative agency or the legislature, or is intended to or will be used in any way to limit your rights to make truthful statements or disclosures regarding unlawful employment practices, provided that you shall not reveal proprietary information consisting of non-public trade secrets, business plans, and customer information; (ivii) limits or affects Employee's your right to challenge the validity of this Agreement under the ADEA or the OWBPA, (iiviii) prevents Employee you from communicating with, filing a charge or complaint with; providing documents or information voluntarily or in response to a subpoena or other information request to; or from participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission, National Labor Relations Board, the Securities and Exchange Commission, the Occupational Safety and Health Administration, law enforcement, or any other any federal, state or local agency charged with the enforcement of any laws, or from testifying, providing evidence, responding to a subpoena or discovery request in court litigation or arbitrationarbitration (ix) precludes you from exercising your rights, or (iii) prevents a non-managementif any, non-supervisory employee from engaging in protected concerted activity under Section 7 of the NLRA or under similar state law such as joiningto engage in protected, assistingconcerted activity with other employees, including discussing your compensation or forming a union, bargaining, picketing, striking, or participating in other activity for mutual aid or protection, or refusing to do so; this includes using or disclosing information acquired through lawful means regarding wages, hours, benefits, or other terms and conditions of employment, although by signing this Agreement you are waiving your right to recover any individual relief (including any backpay, front-pay, reinstatement or other legal or equitable relief) in any charge, complaint, or lawsuit or other proceeding brought by you or on your behalf by any third party, except where for any right you may have to receive a payment or award from a government agency (and not the Company) for information was entrusted provided to the employee in confidence by the Company as part of the employee's job duties.government agency or where otherwise prohibited
Appears in 2 contracts
Samples: Separation and Release Agreement (Cerebras Systems Inc.), Separation and Release Agreement (Cerebras Systems Inc.)
No Interference with Rights. Employee understands this Agreement does not apply to (i) claims for unemployment or workers' compensation benefits, (ii) claims or rights The parties agree that may arise after the date that Employee signs this Agreement, (iii) claims for reimbursement of expenses under the Company's expense reimbursement policies, (iv) any vested rights under the Company's ERISA-covered employee benefit plans as applicable on the date Employee signs this Agreement, and (v) any claims that controlling law clearly states may not be released by private agreement. Moreover, nothing in this Agreement (shall be construed to prohibit you from challenging illegal conduct or engaging in protected activity, including but not limited without limitation reporting possible violations of any law or regulation to the acknowledgements, release of claims, the promise not to sue, the confidentiality and non-disparagement obligations, cooperation, and the return of property provision) (i) limits any governmental agency or affects Employee's right to challenge the validity of this Agreement regulatory entity or making other disclosures that are protected under the ADEA whistleblower provisions of any law or the OWBPA, (ii) prevents Employee from communicating withregulation, filing a charge or complaint with; providing documents or information voluntarily or in response to a subpoena or other information request to; or from , and/or participating in an any investigation or proceeding conducted by by, the National Labor Relations Board, the Equal Employment Opportunity Commission, National Labor Relations Board, the Securities and Exchange Commission, the Occupational Safety and Health Administration, law enforcement, or and/or any other federal, state or local agency charged government agency. Further, the parties agree that nothing in this Agreement shall be construed to interfere with the enforcement ability of any lawsfederal, state or local government agency to investigate any such charge or complaint, or your ability to communicate voluntarily with any such agency. However, by signing this Agreement, you understand that you are waiving your right to receive individual relief based on claims asserted in any such charge or complaint, except where such a waiver is prohibited. Notwithstanding anything herein or in any other agreement with or policy of any member of the Assured Guaranty Group to which you are or were subject, nothing herein or therein shall (i) prohibit you from testifyingmaking reports of possible violations of federal law or regulation to any governmental agency or entity in accordance with the provisions of and rules promulgated under Section 21F of the Securities Exchange Act of 1934 or Section 806 of the Xxxxxxxx-Xxxxx Act of 2002, providing evidence, responding to a subpoena or discovery request in court litigation of any other whistleblower protection provisions of state or arbitrationfederal law or regulation, or (iiiii) prevents a non-management, non-supervisory employee from engaging in protected concerted activity under Section 7 of the NLRA require notification or under similar state law such as joining, assisting, or forming a union, bargaining, picketing, striking, or participating in other activity for mutual aid or protection, or refusing to do so; this includes using or disclosing information acquired through lawful means regarding wages, hours, benefits, or other terms and conditions of employment, except where the information was entrusted to the employee in confidence prior approval by the Company as part or any of its Affiliates of any reporting described in clause (i); provided, however, that you are not authorized to disclose communications with counsel for the employee's job dutiesAssured Guaranty Group that were made for the purpose of receiving legal advice or that contain legal advice or that are protected by the attorney work product or similar privilege between such counsel and the Assured Guaranty Group. Furthermore, you shall not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that is made (1) in confidence to a federal, state or local government official, either directly or indirectly, or to an attorney, in each case, solely for the purpose of reporting or investigating a suspected violation of law or (2) in a complaint or other document filed in a lawsuit or proceeding, if such filings are made under seal.
Appears in 1 contract
No Interference with Rights. Employee understands Nothing in this Agreement does not apply is intended to waive claims by the Individual (ia) claims for unemployment or workers' ’ compensation benefits, ; (iib) claims or rights that may arise after the date that Employee signs this Agreement, (iii) claims for reimbursement of expenses under the Company's expense reimbursement policies, (iv) any vested rights under the Company's ERISA-covered employee benefit plans as applicable on the date Employee Individual signs this Agreement; (c) for vested rights under ERISA-covered employee benefit plans that may arise after Individual signs this Agreement; (d) for reimbursement of expenses under the Company’s expense reimbursement policies; (e) for rights to indemnification Individual may have (including, but not limited to, indemnification with respect to existing claims as of the Effective Date) under the by-laws or certificate of incorporation of the Company, or under any past, current or future Company Directors & Officers Liability Insurance program or the Indemnification Agreement dated as of March 21, 2015 between the Company and Individual (vwhich such indemnification rights shall continue during the Transition Period), including, for the avoidance of doubt, rights to advancement of expenses; (f) for any claims claim or right that controlling law clearly states Individual may have under this Agreement; (g) for any claim or right that may arise after the execution of this Agreement; or (h) which cannot lawfully be released by private agreement. MoreoverIn addition, nothing in this Agreement (Agreement, including but not limited to the acknowledgementsacknowledgments, release of claims, the promise not to sueproprietary information, the confidentiality confidentiality, cooperation, and non-disparagement obligations, cooperation, and the return of property provision) provisions (i) limits or affects Employee's right to challenge the validity of this Agreement under the ADEA or the OWBPA, (ii) prevents Employee Individual from communicating with, filing a charge or complaint with; providing documents or information voluntarily or in response to a subpoena or other information request to; or from , participating in an investigation or proceeding conducted by by, or providing truthful information to the Equal Employment Opportunity Commission, the Occupational Safety and Health Administration, National Labor Relations Board, the Securities and Exchange Commission, the Occupational Safety and Health Administration, law enforcement, or any other any federal, state or local agency charged with the enforcement of any laws, or from testifying, providing evidence, responding to a subpoena or discovery request in court litigation or arbitration, laws or (iiiii) prevents a non-management, non-supervisory employee limits Individual from engaging in protected concerted activity exercising rights under Section 7 of the NLRA to engage in protected, concerted activity with other employees, although by signing this Agreement Individual is waiving rights to individual relief (including backpay, frontpay, reinstatement or under similar state law such as joiningother legal or equitable relief) in any charge, assistingcomplaint, or forming a union, bargaining, picketing, striking, or participating in other activity for mutual aid or protection, or refusing to do so; this includes using or disclosing information acquired through lawful means regarding wages, hours, benefits, lawsuit or other terms and conditions of employmentproceeding brought by Individual or on Individual’s behalf by any third party, except where for any right Individual may have to receive a payment from a government agency (and not the Company) for information was entrusted provided to the employee in confidence by the Company as part of the employee's job dutiesgovernment agency.
Appears in 1 contract
Samples: Release and Restrictive Covenants Agreement (Ocwen Financial Corp)
No Interference with Rights. Employee Grantee understands that this Agreement does not apply to (ia) claims for unemployment or workers' compensation benefits, (ii) any claims or rights that may arise after the date that Employee signs Grantee signed this Agreement, (iii) claims for reimbursement of expenses under the Company's expense reimbursement policies, (ivb) any vested rights under the Company's ERISA-covered employee ’s benefit plans as applicable on the date Employee signs Grantee signed this Agreement, and (vd) any claims that the controlling law clearly states may not be released by private agreement. Moreover, nothing in this Agreement (including but not limited to the acknowledgements, release of claims, the promise not to sue, the confidentiality and non-disparagement obligations, cooperation, and the return of property provision) (i) limits or affects Employee's Grantee’s right to challenge the validity of this Agreement under the ADEA or the OWBPAADEA, (ii) precludes Grantee from testifying in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or alleged unlawful employment practices regarding Employer, its agents, or Grantees, when Grantee has been required or requested to do so pursuant to a court order, subpoena, or written request from an administrative agency or the legislature, or (iii) prevents Employee Grantee from communicating with, filing a charge or complaint with; providing documents or information voluntarily or in response to a subpoena or other information request to; , or from participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission, National Labor Relations Board, the Securities and Exchange Commission, the Occupational Safety and Health Administration, law enforcement, or any other federal, state or local agency or entity or self-regulatory organization charged with the enforcement of any laws, or to cooperate with such agency or entity or organization, without notice to the Company and including providing documents or any other information (and to receive a whistleblower award provided by law for providing such information), although by signing this Agreement, Grantee is waiving Grantee’s right to recover any individual relief (including any backpay, frontpay, reinstatement or other legal or equitable relief) in any charge, complaint, or lawsuit or other proceeding brought by Grantee or on Grantee’s behalf by any third party, except for any right Grantee may have to receive a payment or award from testifyinga government agency (and not the Employer) for information provided to the government agency. Notwithstanding Xxxxxxx’s confidentiality and non-disclosure obligations in this Agreement and otherwise, providing evidenceGrantee understands that as provided by the federal Defend Trade Secrets Act, responding Grantee will not be held criminally or civilly liable under any federal or state trade secret law for disclosure of a trade secret made: (1) in confidence to a subpoena or discovery request in court litigation or arbitrationfederal, state, or (iii) prevents a non-managementlocal government official, non-supervisory employee from engaging in protected concerted activity under Section 7 of the NLRA either directly or under similar state law such as joining, assistingindirectly, or forming to an attorney, and solely for the purpose of reporting or investigating a union, bargaining, picketing, striking, suspected violation of law; or participating (2) in other activity for mutual aid or protection, or refusing to do so; this includes using or disclosing information acquired through lawful means regarding wages, hours, benefits, a complaint or other terms document filed in a lawsuit or other proceeding, if such filing is made under seal. Additionally, an individual suing an employer for retaliation based on the reporting of a suspected violation of law may disclose a trade secret to his or her attorney and conditions of employmentuse the trade secret information in the court proceeding, so long as any document containing the trade secret is filed under seal and the individual does not disclose the trade secret except where the information was entrusted pursuant to the employee in confidence by the Company as part of the employee's job dutiescourt order.
Appears in 1 contract
Samples: Retirement and Award Agreement (American Homes 4 Rent, L.P.)
No Interference with Rights. Employee understands this Agreement does not apply Nothing in the Release is intended to waive claims (i) claims for unemployment or workers' ’ compensation benefits, (ii) claims or rights that may arise after the date that Employee signs this Agreement, (iii) claims for reimbursement of expenses under the Company's expense reimbursement policies, (iv) any vested rights under the Company's ERISA-covered employee benefit plans as applicable on the date Employee signs this Agreementthe Release, and (iii) that may arise after Employee signs the Release, (iv) for reimbursement of reasonable expenses under the Company’s expense reimbursement policies, (v) for claims for indemnification as an officer or director of the Company or any claims that controlling law clearly states may Company Group Member under applicable directors and officers insurance, the Company or Company Group Member bylaws, articles of incorporation or any indemnification agreement, or (vi) which cannot be released by private agreement. Moreover, nothing Nothing in this Agreement (including but the Release will prevent Employee from exercising any rights that cannot limited to be lawfully waived or restricted. Nothing in the acknowledgements, release of claims, the promise not to sue, the confidentiality and non-disparagement obligations, cooperation, and the return of property provision) (i) limits or affects Employee's right to challenge the validity of this Agreement under the ADEA or the OWBPA, (ii) Release prevents Employee from communicating withtestifying under oath at a hearing, filing deposition or in court in response to a lawful subpoena or other legal process or otherwise making any disclosure of information required by law. Nothing in the Release limits Employee’s ability to file a charge or complaint with; providing documents or information voluntarily or in response to a subpoena or other information request to; with or from participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission, the Occupational Safety and Health AdministrationUnited States Department of Justice, law enforcementCongress, any agency Inspector General or any other federal, state or local governmental agency charged with or commission (all of which are referred to in the enforcement of Release as “Government Agencies”), including exercising any laws, or from testifying, providing evidence, responding to a subpoena or discovery request in court litigation or arbitration, or (iii) prevents a non-management, non-supervisory employee from engaging in protected concerted activity rights Employee may have under Section 7 of the NLRA or under similar state law U.S. National Labor Relations Act, such as joiningthe right to engage in concerted activity, assistingincluding collective action or discussion concerning wages or working conditions,. Further, the Release does not limit Employee’s ability to communicate with any Government Agencies or forming a unionotherwise cooperate with or participate in any investigation or proceeding that may be conducted by any Government Agency, bargainingincluding providing documents or other information, picketingwithout notice to or seeking permission from the Company. In addition, striking, or participating in other activity for mutual aid or protection, or refusing to do so; this includes using the Release does not prohibit Employee from discussing or disclosing information acquired through lawful means regarding wagesabout unlawful acts in the workplace, hourssuch as harassment or discrimination based on a protected characteristic or any other conduct Employee has reason to believe is unlawful. The Release does not limit Employee’s right to receive an award from a Government Agency for information provided to any Government Agencies. Employee agrees that Employee has waived any right—where such right can be waived—to recover monetary damages or other personal relief from the Released Parties in any action filed by Employee or by anyone else on Employee’s behalf. Furthermore, benefitsin accordance with 18 U.S.C. § 1833, notwithstanding anything to the contrary in this Release: (a) Employee shall not be in breach of this Release, and shall not be held criminally or civilly liable under any federal or state trade secret law (i) for the disclosure of a trade secret that is made in confidence to a federal, state, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law, or (ii) for the disclosure of a trade secret that is made in a complaint or other terms document filed in a lawsuit or other proceeding, if such filing is made under seal; and conditions of employment, except where the information was entrusted to the employee in confidence (b) if Employee files a lawsuit for retaliation by the Company as part for reporting a suspected violation of law, Employee may disclose the employee's job dutiestrade secret to Employee’s attorney, and may use the trade secret information in the court proceeding, if Employee files any document containing the trade secret under seal, and does not disclose the trade secret, except pursuant to court order.
Appears in 1 contract
No Interference with Rights. Employee understands this Agreement does not apply to (i) claims for unemployment or workers' compensation benefitsYou understand, (ii) claims or rights agree and acknowledge that may arise after the date that Employee signs nothing in this Agreement, (iii) claims for reimbursement including, without limitation, the sections labeled, Confidentiality of expenses under the Company's expense reimbursement policies, (iv) any vested rights under the Company's ERISA-covered employee benefit plans as applicable on the date Employee signs this Agreement, and (v) any claims that controlling law clearly states may not be released by private agreement. MoreoverNon-Disparagement, nothing in this Agreement (including but not limited to the acknowledgementsCompany Documents, release General Release of claimsClaims, the promise not to sue, the confidentiality and non-disparagement obligations, cooperationNo Pending Claims, and the return Cooperation, prohibits or bars you from reporting possible violations of property provision) (i) limits any law or affects Employee's right to challenge the validity of this Agreement under the ADEA regulation, providing truthful testimony in any legal proceeding, or the OWBPA, (ii) prevents Employee from communicating cooperating with, making truthful disclosures to, providing documents or other information to, or filing a charge or complaint with; providing documents or information voluntarily or in response to a subpoena or other information request to; or from participating in an investigation or proceeding conducted by with any governmental authority (including, without limitation, the United States Equal Employment Opportunity Commission, National Labor Relations Board, the Securities and Exchange Commission, and the Occupational Safety and Health Administration, law enforcement, or any other federal, state or local agency charged with the enforcement of any lawsNational Labor Relations Board), or from testifying, providing evidence, responding to a subpoena or discovery request in court litigation or arbitration, or (iii) prevents a non-management, non-supervisory employee from engaging in protected concerted activity exercising your rights under Section 7 of the NLRA National Labor Relations Act to engage in protected, concerted activity with other employees. This may include disclosure of trade secret or confidential information within the limitations permitted by the 2016 Defend Trade Secrets Act (“DTSA”). You understand, agree and acknowledge that under similar state the DTSA, (a) no individual will be held criminally or civilly liable under Federal or State trade secret law such for the disclosure of a trade secret (as joiningdefined in the Economic Espionage Act) that: (i) is made in confidence to a Federal, assistingState, or forming a unionlocal government official, bargaining, picketing, strikingeither directly or indirectly, or participating in other activity to an attorney; and made solely for mutual aid the purpose of reporting or protectioninvestigating a suspected violation of law, or refusing to do so; this includes using or disclosing information acquired through lawful means regarding wages, hours, benefits, (ii) is made in a complaint or other terms document filed in a lawsuit or other proceeding, if such filing is made under seal so that it is not made public; and conditions (b) an individual who pursues a lawsuit for retaliation by an employer for reporting a suspected violation of employmentthe law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding, if the individual files any document containing the trade secret under seal, and does not disclose the trade secret, except as permitted by court order. Notwithstanding the foregoing, with respect to any claim that cannot be released by private agreement and/or with respect to any charge filed with any governmental authority, you agree to release and waive your right (if any) to any individual monetary damages or other individual recovery (including, without limitation, attorneys’ fees) as to such claims, including any claims brought on your behalf, either individually or as part of a collective action, by any governmental agency or other third party, except where such a waiver of individual relief is prohibited by law, and except for any right you may have to receive a payment directly from a government agency (and not the Company) for information was entrusted provided to the employee in confidence by the Company as part of the employee's job dutiesgovernment agency.
Appears in 1 contract
No Interference with Rights. Employee understands You understand this Agreement does not apply to (i) claims for unemployment or workers' ’ compensation benefits, (ii) claims or rights that may arise after the date that Employee signs you sign this Agreement, (iii) claims for reimbursement of expenses under the Company's ’s expense reimbursement policies, (iv) any vested rights under the Company's ’s ERISA-covered employee benefit plans as applicable on the date Employee signs you sign this Agreement, and (v) any claims that controlling law clearly states may not be released by private agreement. Moreover, nothing in this Agreement (including but not limited to the acknowledgements, release of claims, the promise not to sue, the confidentiality and non-disparagement obligations, cooperation, and the return of property provision) (i) limits or affects Employee's your right to challenge the validity of this Agreement under the ADEA or the OWBPA, (ii) prevents Employee from communicating with, filing a charge or complaint with; providing documents or information voluntarily or in response to a subpoena or other information request to; or from participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission, National Labor Relations Board, the Securities and Exchange Commission, the Occupational Safety and Health Administration, law enforcement, or any other any federal, state or local agency charged with the enforcement of any laws, or from testifying, providing evidence, responding to a subpoena or discovery request in court litigation or arbitration, or (iii) prevents a non-managementprecludes you from exercising your rights, non-supervisory employee from engaging in protected concerted activity if any, under Section 7 of the NLRA or under similar state law such as joiningto engage in protected, assistingconcerted activity with other employees, including discussing your compensation or forming a union, bargaining, picketing, striking, or participating in other activity for mutual aid or protection, or refusing to do so; this includes using or disclosing information acquired through lawful means regarding wages, hours, benefits, or other terms and conditions of employment. In exchange for the promises contained in this Agreement, except where the information was entrusted to the employee in confidence by the Company as part promises to provide the benefits set forth in this Agreement. Bxxxx Xxxx, Chief People Officer Signature You have read this Agreement and understand its legal and binding effect. You are acting voluntarily, deliberately, and of the employee's job duties.your own free will in signing this Agreement. The Company has provided you with all information needed to make an informed decision to sign this Agreement, notice of and an opportunity to retain an attorney, and an opportunity to ask questions about this Agreement. Not valid if signed before Termination Date Employee Name Printed Signature
Appears in 1 contract
Samples: Employment Agreement (GAN LTD)
No Interference with Rights. Employee understands The Parties agree that nothing in this Agreement shall be construed to prohibit you from challenging illegal conduct and/or engaging in protected activity, including without limitation filing a charge or complaint with, and/or participating in any investigation or proceeding conducted by, the Equal Employment Opportunity Commission (the “EEOC”), the National Labor Relations Board (the “NLRB”), the Securities and Exchange Commission (the “SEC”), the Occupational Safety and Health Act (“OSHA”), and/or any other federal, state, or local government agency. Further, the Parties agree that nothing in this Agreement shall be construed to interfere with the ability of any federal, state, or local government agency to investigate any such charge or complaint, or your ability to communicate voluntarily with, including providing documents or other information to, any such agency. However, by signing this Agreement, you understand that you are waiving your right to receive individual relief (including without limitation back pay, front pay, reinstatement, or other legal or equitable relief) based on claims asserted in any such charge or complaint, except where such a waiver is prohibited and except for any right you may have to receive a payment or award from a government agency (and not the Company) for information provided to the government agency. You understand that your release of claims as contained in this Agreement does not apply extend to (i) any rights you may have under any laws governing the filing of claims for unemployment or COBRA, unemployment, disability insurance, and/or workers' ’ compensation benefits, . You further understand that nothing herein shall be construed to prohibit you from: (iia) challenging the Company’s failure to comply with its promises to make payment and provide other consideration under this Agreement; (b) asserting your right to any vested benefits to which you are entitled pursuant to the terms of the applicable plans and/or applicable law; (c) challenging the knowing and voluntary nature of your release of claims or rights under the Age Discrimination in Employment Act; (d) asserting any claim that controlling law clearly states cannot lawfully be waived by private agreement; and/or (e) asserting any claim that may arise after the date that Employee signs you signed this Agreement, (iii) claims for reimbursement of expenses under the Company's expense reimbursement policies, (iv) any vested rights under the Company's ERISA-covered employee benefit plans as applicable on the date Employee signs this Agreement, and (v) any claims that controlling law clearly states may not be released by private agreement. Moreover, nothing Nothing in this Agreement shall be construed as a waiver of your right to testify in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or sexual harassment on the part of the Company, or on the part of the agents or employees of the Company, when you have been required or requested to attend such a proceeding pursuant to a court order, subpoena, or written request from an administrative agency or the legislature. Nothing in this Agreement shall be construed to prohibit you from reporting an event that you reasonably and in good faith believe is a violation of law to the relevant law-enforcement agency (including but not limited to the acknowledgementsEEOC, release Department of claimsJustice, the promise not to sueSEC, Congress, the confidentiality and non-disparagement obligations, cooperationDepartment of Labor, and the return of property provision) (i) limits or affects Employee's right to challenge the validity of this Agreement under the ADEA or the OWBPAany Inspector General), (ii) prevents Employee from communicating with, filing a charge or complaint with; providing documents or information voluntarily or in response to a subpoena or other information request to; or from participating cooperating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission, National Labor Relations Board, the Securities and Exchange Commission, the Occupational Safety and Health Administration, law enforcementsuch a government agency, or any making other federal, state or local agency charged with disclosures that are protected under the enforcement whistleblower provisions of any laws, law or from testifying, providing evidence, responding to a subpoena regulation. This may include disclosure of trade secret or discovery request in court litigation or arbitration, or (iii) prevents a non-management, non-supervisory employee from engaging in protected concerted activity under Section 7 of confidential information within the NLRA or under similar state law such as joining, assisting, or forming a union, bargaining, picketing, striking, or participating in other activity for mutual aid or protection, or refusing to do so; this includes using or disclosing information acquired through lawful means regarding wages, hours, benefits, or other terms and conditions of employment, except where the information was entrusted to the employee in confidence limitations permitted by the Company 2016 Defend Trade Secrets Act (the “DTSA”). You are hereby provided notice that under the DTSA, (1) no individual will be held criminally or civilly liable under federal or state trade secret law for the disclosure of a trade secret (as part of the employee's job duties.defined in the
Appears in 1 contract
No Interference with Rights. Employee understands Nothing in this Agreement does not apply is intended to waive claims (i) claims for unemployment or workers' ’ compensation benefits, (ii) claims or rights that may arise after the date that Employee signs this Agreement, (iii) claims for reimbursement of expenses under the Company's expense reimbursement policies, (iv) any vested rights under the Company's ERISA-covered employee benefit plans as applicable on the date Employee signs You sign this Agreement, and or (viii) any claims that controlling law clearly states may which cannot be released by private agreement. MoreoverIn addition, nothing in this Agreement (Agreement, including but not limited to the acknowledgements, release of claims, the promise not to sueproprietary information, the confidentiality confidentiality, cooperation, and non-disparagement obligations, cooperation, and the return of property provisionprovisions: (a) (i) limits or affects Employee's waives Your right to challenge testify in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or alleged sexual harassment on the validity part of this Agreement under Workday, or on the ADEA part of the agents or employees of Workday, when You have been required or requested to attend such a proceeding pursuant to a court order, subpoena, or written request from an administrative agency or the OWBPA, legislature; (iib) prevents Employee You from communicating withdiscussing or disclosing information about unlawful acts in the workplace, such as harassment or discrimination or any other conduct that You have reason to believe is unlawful; (c) prevents You from filing a charge or complaint with; , providing information or documents or information voluntarily or in response to a subpoena or other information request to; or , and/or from participating in an investigation or proceeding conducted by the Equal Employment Opportunity CommissionCommission (EEOC), National Labor Relations BoardBoard (NLRB), the Securities and Exchange Commission, the Occupational Safety and Health Administration, law enforcementCommission (SEC), or any other any federal, state or local agency charged with the enforcement of any laws, or from testifying, providing evidence, responding to a subpoena or discovery request in court litigation or arbitration, or (iiid) prevents a non-management, non-supervisory employee You from engaging in protected concerted activity exercising rights under Section 7 of the NLRA National Labor Relations Act (NLRA) to engage in joint activity with other employees, provided that by signing this Agreement You are waiving the right to individual relief based on claims asserted in such a charge or under similar state law such as joining, assistingcomplaint, or forming a union, bargaining, picketing, striking, or participating in other activity for mutual aid or protection, or refusing to do so; this includes using or disclosing information acquired through lawful means regarding wages, hours, benefits, or other terms and conditions of employmentasserted by any third-party on Your behalf, except where the such a waiver of individual relief is prohibited and except for any right You may have to receive a payment from a government agency (and not Workday) for information was entrusted provided to the employee in confidence by the Company as part of the employee's job dutiesa government agency.
Appears in 1 contract
Samples: Employment Agreement (Workday, Inc.)
No Interference with Rights. Employee understands this Agreement does not apply to (i) claims for unemployment or workers' compensation benefits, (ii) claims or rights that may arise after the date that Employee signs this Agreement, (iii) claims for reimbursement of expenses under the Company's expense reimbursement policies, (iv) any vested rights under the Company's ERISA-covered employee benefit plans as applicable on the date Employee signs this Agreement, and (v) any claims that controlling law clearly states may not be released by private agreement. Moreover, nothing Nothing in this Agreement (including but not limited to the acknowledgementsacknowledgments, release of claimsproprietary information, the promise not to sueconfidentiality, the confidentiality and non-disparagement obligationsprovisions, cooperation, and the return of property provision) (ia) limits or affects Employee's Xxxxxxx’x right to challenge disclose or discuss sexual harassment or sexual assault disputes; (b) prevents Xxxxxxx from discussing or disclosing information about unlawful acts in the validity workplace, such as harassment or discrimination or any other conduct that Xxxxxxx has reason to believe is unlawful or waives Xxxxxxx’x right to testify in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or alleged sexual harassment on the part of this Agreement under any member of the ADEA Company Group, or on the part of the agents or employees of any member of the Company Group, when Xxxxxxx has been required or requested to attend such a proceeding pursuant to a court order, subpoena, or written request from an administrative agency or the OWBPAlegislature, (iic) prevents Employee Xxxxxxx from communicating with, filing a charge or complaint with; , providing documents or information voluntarily or in response to a subpoena or other information request to; , or from participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission, National Labor Relations Board, the Securities and Exchange Commission, the Occupational Safety and Health Administration, law enforcement, or any other any federal, state or local agency charged with the enforcement of any laws, ; or from testifying, providing evidence, or responding to a subpoena or discovery request in court litigation or arbitration, ; or (iiid) prevents a non-management, non-supervisory employee from engaging in protected concerted activity under Section §7 of the NLRA or under similar state law such as joining, assisting, or forming a union, bargaining, picketing, striking, or participating in other activity for mutual aid or protection, or refusing refuse to do so; this includes using or disclosing information acquired through lawful means regarding wages, hours, benefits, or other terms and conditions of employment, except where unless the information was entrusted to the employee in confidence by the Company as part of the employee's ’s job duties; although by signing this Agreement, in each case, Xxxxxxx is waiving rights to individual relief (including backpay, front pay, reinstatement or other legal or equitable relief) in any charge, complaint, or lawsuit or other proceeding brought by Xxxxxxx or on his behalf by any third party, except for (I) any right Xxxxxxx may have to receive a payment or award from a government agency (and not any member of the Company Group) for information provided to the government agency or (II) where such waiver is prohibited by law. Notwithstanding the confidentiality and non-disclosure obligations in the Confidentiality Agreement, this Agreement and otherwise, Xxxxxxx understands that as provided by the Federal Defend Trade Secrets Act, Xxxxxxx will not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret made: (1) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, and solely for the purpose of reporting or investigating a suspected violation of law; or (2) in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
Appears in 1 contract
No Interference with Rights. Employee understands Nothing in this Agreement does not apply is intended to waive claims (i) claims for unemployment or workers' ’ compensation benefits, (ii) claims or rights that may arise after the date that Employee signs this Agreement, (iii) claims for reimbursement of expenses under the Company's expense reimbursement policies, (iv) any vested rights under the Company's ERISA-covered employee benefit plans as applicable on the date Employee Executive signs this Agreement, and or (viii) any claims that controlling law clearly states may which cannot be released by private agreement. MoreoverIn addition, nothing in this Agreement (Agreement, including but not limited to the acknowledgements, release of claims, the promise not to sueproprietary information, the confidentiality confidentiality, cooperation, and non-disparagement obligations, cooperation, and the return of property provisionprovisions: (a) (i) limits or affects Employee's waives Executive’s right to challenge testify in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or alleged sexual harassment on the validity part of this Agreement under the ADEA Company, or on the part of the agents or employees of the Company, when Executive has been required or requested to attend such a proceeding pursuant to a court order, subpoena, or written request from an administrative agency or the OWBPA, legislature; (iib) prevents Employee Executive from communicating withdiscussing or disclosing information about unlawful acts in the workplace, such as harassment or discrimination or any other conduct that Executive has reason to believe is unlawful; (c) prevents Executive from filing a charge or complaint with; , providing information or documents or information voluntarily or in response to a subpoena or other information request to; or , and/or from participating in an investigation or proceeding conducted by the Equal Employment Opportunity CommissionCommission (EEOC), National Labor Relations BoardBoard (NLRB), the Securities and Exchange Commission, the Occupational Safety and Health Administration, law enforcementCommission (SEC), or any other any federal, state or local agency charged with the enforcement of any laws, or from testifying, providing evidence, responding to a subpoena or discovery request in court litigation or arbitration, or (iiid) prevents a non-management, non-supervisory employee Executive from engaging in protected concerted activity exercising rights under Section 7 of the NLRA National Labor Relations Act (NLRA) to engage in joint activity with other employees, provided that by signing this Agreement Executive is waiving the right to individual relief based on claims asserted in such a charge or under similar state law such as joining, assistingcomplaint, or forming a union, bargaining, picketing, striking, or participating in other activity for mutual aid or protection, or refusing to do so; this includes using or disclosing information acquired through lawful means regarding wages, hours, benefits, or other terms and conditions of employmentasserted by any third-party on Executive’s behalf, except where such a waiver of individual relief is prohibited and except for any right Executive may have to receive a payment from a government agency (and not the Company) for information was entrusted provided to the employee in confidence by a government agency. Executive and the Company do not intend to release claims that Executive may not release as part a matter of law, including but not limited to claims for indemnity under California Labor Code Section 2802, under the indemnification agreement between Executive and the Company, indemnification under any organizational document of the employee's job dutiesCompany, directors’ and officers’ insurance coverage, although Executive represents that Executive she is not currently aware of any such claim, or any claims for enforcement of this Agreement.
Appears in 1 contract
Samples: Separation and Transition Services Agreement (Workday, Inc.)
No Interference with Rights. Employee understands Nothing in this Agreement does not apply Release is intended to waive claims (i) claims for unemployment or workers' ’ compensation benefits, (ii) claims for vested benefits under any 401(k) plan or rights that may arise after other ERISA-covered employee benefit plan provided by the Company in effect as of the date that Employee Executive signs this AgreementRelease, (iii) claims for reimbursement of expenses under the Company's ’s expense reimbursement policies, (iv) any vested rights under the Company's ERISA-covered employee benefit plans as applicable on the date Employee that may arise after Executive signs this Agreementthis, and or (v) any claims that controlling law clearly states may which cannot be released by private agreement. MoreoverIn addition, nothing in this Agreement (including Release, including, but not limited to the acknowledgements, release of claimsto, the promise not Release of Known and Unknown Claims, Executive Acknowledgements, No Pending Claims and Covenant Not to sue, the confidentiality and non-disparagement obligations, cooperationSue, and the return of property provision) Cooperation provisions (i) limits prevents or affects Employee's right to challenge precludes Executive from challenging or seeking a determination in good faith of the validity of this Agreement Release under the ADEA or the OWBPA, (ii) prevents Employee Executive from communicating with, filing a charge or complaint with; , providing documents or other information voluntarily or in response to a subpoena or other information request to; , or from participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission, the National Labor Relations Board, the Securities and Exchange Commission, the Occupational Safety and Health Administration, law enforcement, or any other federal, state or local agency charged with the enforcement of any laws, or from testifying, providing evidence, responding to a subpoena or discovery request in court litigation or arbitration, or (iii) prevents a non-managementlimits Executive from exercising rights, non-supervisory employee from engaging in protected concerted activity if any, under Section 7 of the NLRA or under similar state law such as joiningto engage in protected, assistingconcerted activity, or forming a union, bargaining, picketing, striking, or participating in other activity for mutual aid or protection, or refusing to do so; this includes using or disclosing information acquired through lawful means regarding wages, hours, benefits, or including discussing compensation and other terms and conditions of employment, except where the information was entrusted or (iv) limits or affects Executive’s right to the employee in confidence disclose or discuss sexual harassment or sexual assault disputes; provided, however, that by the Company as part of the employee's job duties.signing this Release, Executive is waiving his right to recover any individual relief (including
Appears in 1 contract
Samples: Executive Separation and Release Agreement (Fox Factory Holding Corp)
No Interference with Rights. Employee understands this Agreement does not apply to (i) claims for unemployment or workers' compensation benefits, (ii) claims or rights that may arise after the date that Employee signs Nothing in this Agreement, (iii) claims for reimbursement of expenses under the Company's expense reimbursement policies, (iv) any vested rights under the Company's ERISA-covered employee benefit plans as applicable on the date Employee signs this Agreement, and (v) any claims that controlling law clearly states may not be released by private agreement. Moreover, nothing in this Agreement (including but not limited to the acknowledgements, release of claims, the non-disclosure of Confidential Information, the acknowledgements and promise not to sue, or the confidentiality and non-disparagement obligationsclauses, cooperation, and the return of property provision) (i) limits or affects Employee's waives your right to challenge testify in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or alleged sexual harassment on the validity part of this Agreement under the ADEA Company, or on the part of the agents or employees of the Company, when you have been required or requested to attend such a proceeding pursuant to a court order, subpoena, or written request from an administrative agency or the OWBPA, legislature; (ii) prevents Employee from communicating with, the filing of a charge or complaint with; providing documents with or information voluntarily or in response to a subpoena or other information request to; or from participating the participation in an investigation or proceeding conducted by the Equal Employment Opportunity CommissionCommission (EEOC), the National Labor Relations BoardBoard (NLRB), the Securities and Exchange Commission, the Occupational Safety and Health Administration, law enforcementCommission (SEC), or any other federal, state or local agency charged with the enforcement of any laws, including providing documents or from testifyingother information, providing evidence, responding to a subpoena or discovery request in court litigation or arbitration, or (iii) prevents a non-management, non-supervisory employee from engaging in protected concerted activity the exercise of rights under Section 7 of the NLRA National Labor Relations Act to engage in protected, concerted activity with other employees or under similar state law such as joiningother individuals; (iv) shall be construed to prohibit or prevent the disclosure of factual information related to any acts of sexual assault, assistingsexual harassment, or forming a unionunlawful workplace harassment or discrimination, bargaining, picketing, strikingfailure to prevent an act of workplace harassment or discrimination based on sex, or participating in other activity act of retaliation against a person for mutual aid reporting or protection, opposing harassment or refusing to do sodiscrimination; this includes using or (v) shall prevent you from discussing or disclosing information acquired through lawful means regarding wagesabout unlawful acts in the workplace, hourssuch as harassment or discrimination or any other conduct you have reason to believe is unlawful. Although by signing this Agreement you acknowledge waiving your right to recover any individual relief (including backpay, benefitsfrontpay, reinstatement or other legal or equitable relief) in any charge, complaint, or lawsuit or other terms and conditions of employmentproceeding brought by you or on your behalf by any third party in relation to the matters described above in this Section 8, except where for any right you may have to receive a payment from a government agency (and not the Company) for information was entrusted provided to the employee in confidence by the Company as part of the employee's job dutiesgovernment agency.
Appears in 1 contract
Samples: Employment Separation and Release Agreement (Nektar Therapeutics)
No Interference with Rights. Employee understands You understand this Agreement does not apply to (i) claims for unemployment or workers' ’ compensation benefits, (ii) claims or rights that may arise after the date that Employee signs you sign this Agreement, (iii) claims for reimbursement of expenses under the Company's ’s expense reimbursement policies, (iv) any vested rights under the Company's ’s ERISA-covered employee benefit plans as applicable on the date Employee signs you sign this Agreement, and (v) any claims that controlling law clearly states may not be released by private agreement. Moreover, nothing in this Agreement (including but not limited to the acknowledgements, release of claims, the promise not to sue, the confidentiality and non-disparagement obligations, cooperation, and the return of property provision) (i) limits or affects Employee's your right to challenge the validity of this Agreement under the ADEA or the OWBPA, (ii) prevents Employee from communicating with, filing a charge or complaint with; providing documents or information voluntarily or in response to a subpoena or other information request to; or from participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission, National Labor Relations Board, the Securities and Exchange Commission, the Occupational Safety and Health Administration, law enforcement, or any other any federal, state or local agency charged with the enforcement of any laws, or from testifying, providing evidence, responding to a subpoena or discovery request in court litigation or arbitration, or (iii) prevents a non-managementprecludes you from exercising your rights, non-supervisory employee from engaging in protected concerted activity if any, under Section 7 of the NLRA or under similar state law such as joiningto engage in protected, assistingconcerted activity with other employees, including discussing your compensation or forming a union, bargaining, picketing, striking, or participating in other activity for mutual aid or protection, or refusing to do so; this includes using or disclosing information acquired through lawful means regarding wages, hours, benefits, or other terms and conditions of employment. In addition, except where nothing in this Agreement shall be construed to prevent you from discussing or disclosing information about unlawful acts in the information was entrusted workplace, such as harassment or discrimination or any other conduct that you have reason to believe is unlawful; waive your right to testify in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or alleged sexual harassment on the employee in confidence by the Company as part of the employee's job dutiesCompany, or on the part of the agents or employees of the Company, when you have been required or requested to attend such a proceeding pursuant to a court order, subpoena, or written request from an administrative agency or the legislature. By signing this Agreement you are waiving your right to recover any individual relief (including any backpay, frontpay, reinstatement or other legal or equitable relief) in any charge, complaint, or lawsuit or other proceeding brought by you or on your behalf by any third party, except for any right you may have to receive a payment or award from a government agency (and not the Company) for information provided to the government agency or where otherwise prohibited. Notwithstanding your confidentiality and non-disclosure obligations in this Agreement and otherwise, you understand that as provided by the Federal Defend Trade Secrets Act, you will not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret made: (1) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, and solely for the purpose of reporting or investigating a suspected violation of law; or (2) in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
Appears in 1 contract
Samples: Employment Agreement (GAN LTD)
No Interference with Rights. Employee understands this Agreement does not apply to (i) claims for unemployment or workers' compensation benefitsYou understand, (ii) claims or rights agree and acknowledge that may arise after the date that Employee signs nothing contained in this Agreement, (iii) claims for reimbursement of expenses under the Company's expense reimbursement policies, (iv) any vested rights under the Company's ERISA-covered employee benefit plans as applicable on the date Employee signs this Agreement, and (v) any claims that controlling law clearly states may not be released by private agreement. Moreover, nothing in this Agreement (including but not limited to the acknowledgementsSections 3 (Waiver and Release, release Promise Not to Xxx), 4 (Confidentiality of claimsAgreement), the promise not to sue, the confidentiality 5 (Company’s Confidential Information) and non-disparagement obligations, cooperation, and the return 6 (Return of property provision) Company Property): (ia) limits or affects Employee's Your right to challenge the validity of this Agreement under the ADEA or the OWBPA, (iib) prevents Employee You from communicating with, filing a charge or complaint with; providing documents or information voluntarily or in response to a subpoena or other information request to; or from participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission, National Labor Relations Board, the Securities and Exchange Commission, the Occupational Safety and Health Administration, law enforcement, or any other any federal, state or local agency charged with the enforcement of any laws, or from testifying, providing evidence, responding to a subpoena or discovery request in court litigation or arbitration, although by signing this Agreement You are waiving Your right to recover any individual relief (including any back pay, front pay, reinstatement or other legal or equitable relief) in any charge, complaint, or lawsuit or other proceeding brought by You or on Your behalf by any third party, except for any right You may have to receive a payment or award from a government agency (iiiand not the Company) prevents a for information provided to the government agency or where otherwise prohibited. [NEW JERSEY ADD: (a) shall have the purpose or effect of requiring You to conceal the details relating to any claim of discrimination, harassment, or retaliation, provided that You do not reveal proprietary information consisting of non-managementpublic trade secrets, non-supervisory employee from engaging business plans, and customer information;] [CALIFORNIA ADD: (a) waives my right to testify in protected concerted activity under Section 7 of the NLRA or under similar state law such as joiningan administrative, assistinglegislative, or forming a union, bargaining, picketing, striking, judicial proceeding concerning alleged criminal conduct or participating in other activity for mutual aid or protection, or refusing to do so; this includes using or disclosing information acquired through lawful means regarding wages, hours, benefits, or other terms and conditions of employment, except where alleged sexual harassment on the information was entrusted to the employee in confidence by the Company as part of the employee's job duties.Company, or on the part of the agents or employees of the Company, when You have been required or requested to attend such a proceeding pursuant to a court order, subpoena, or written request from an administrative agency or the legislature,][Illinois Add: (w) precludes You from testifying in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or alleged unlawful employment practices regarding the Company, its agents, or employees, when You have been required or requested to do so pursuant to a court order, subpoena, or written request from an administrative agency or the legislature;]
Appears in 1 contract
Samples: Separation and Release Agreement (Avery Dennison Corp)
No Interference with Rights. Employee understands this Nothing in the Agreement does not apply is intended to waive claims (i) claims for unemployment or workers' ’ compensation benefits, (ii) claims or rights that may arise after the date that Employee signs this Agreement, (iii) claims for reimbursement of expenses under the Company's expense reimbursement policies, (iv) any vested rights under the Company's ERISA-covered employee benefit plans as applicable on the date Employee signs this the Agreement, and (iii) that may arise after Employee signs the Agreement, (iv) for reimbursement of reasonable expenses under the Company’s expense reimbursement policies, (v) for claims for indemnification as an officer or director of the Company or any claims that controlling law clearly states may Company Group Member under applicable directors and officers insurance, the Company or Company Group Member bylaws, articles of incorporation or any indemnification agreement, or (vi) which cannot be released by private agreement. Moreover, nothing Nothing in this the Agreement (including but will prevent Employee from exercising any rights that cannot limited to be lawfully waived or restricted. Nothing in the acknowledgements, release of claims, the promise not to sue, the confidentiality and non-disparagement obligations, cooperation, and the return of property provision) (i) limits or affects Employee's right to challenge the validity of this Agreement under the ADEA or the OWBPA, (ii) prevents Employee from communicating withtestifying under oath at a hearing, filing deposition or in court in response to a lawful subpoena or other legal process or otherwise making any disclosure of information required by law. Nothing in the Agreement limits Employee’s ability to file a charge or complaint with; providing documents or information voluntarily or in response to a subpoena or other information request to; with or from participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission, the Occupational Safety and Health AdministrationUnited States Department of Justice, law enforcementCongress, any agency Inspector General or any other federal, state or local governmental agency charged with or commission (all of which are referred to in the enforcement of Agreement as “Government Agencies”), including exercising any laws, or from testifying, providing evidence, responding to a subpoena or discovery request in court litigation or arbitration, or (iii) prevents a non-management, non-supervisory employee from engaging in protected concerted activity rights Employee may have under Section 7 of the NLRA or under similar state law U.S. National Labor Relations Act, such as joiningthe right to engage in concerted activity, assistingincluding collective action or discussion concerning wages or working conditions,. Further, the Agreement does not limit Employee’s ability to communicate with any Government Agencies or forming a unionotherwise cooperate with or participate in any investigation or proceeding that may be conducted by any Government Agency, bargainingincluding providing documents or other information, picketingwithout notice to or seeking permission from the Company. In addition, striking, or participating in other activity for mutual aid or protection, or refusing to do so; this includes using the Agreement does not prohibit Employee from discussing or disclosing information acquired through lawful means regarding wagesabout unlawful acts in the workplace, hourssuch as harassment or discrimination based on a protected characteristic or any other conduct Employee has reason to believe is unlawful. The Agreement does not limit Employee’s right to receive an award from a Government Agency for information provided to any Government Agencies. Employee agrees that Employee has waived any right—where such right can be waived—to recover monetary damages or other personal relief from the Released Parties in any action filed by Employee or by anyone else on Employee’s behalf. Furthermore, benefitsin accordance with 18 U.S.C. § 1833, notwithstanding anything to the contrary in this Agreement: (a) Employee shall not be in breach of this Agreement, and shall not be held criminally or civilly liable under any federal or state trade secret law (i) for the disclosure of a trade secret that is made in confidence to a federal, state, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law, or (ii) for the disclosure of a trade secret that is made in a complaint or other terms document filed in a lawsuit or other proceeding, if such filing is made under seal; and conditions of employment, except where the information was entrusted to the employee in confidence (b) if Employee files a lawsuit for retaliation by the Company as part for reporting a suspected violation of law, Employee may disclose the employee's job dutiestrade secret to Employee’s attorney, and may use the trade secret information in the court proceeding, if Employee files any document containing the trade secret under seal, and does not disclose the trade secret, except pursuant to court order.
Appears in 1 contract
No Interference with Rights. Employee understands this Agreement does not apply to (i) claims for unemployment or workers' compensation benefits, (ii) claims or rights The Parties agree that may arise after the date that Employee signs this Agreement, (iii) claims for reimbursement of expenses under the Company's expense reimbursement policies, (iv) any vested rights under the Company's ERISA-covered employee benefit plans as applicable on the date Employee signs this Agreement, and (v) any claims that controlling law clearly states may not be released by private agreement. Moreover, nothing in this Agreement (shall be construed to prohibit you from challenging illegal conduct and/or engaging in protected and/or concerted activity, including but not limited to the acknowledgements, release of claims, the promise not to sue, the confidentiality and non-disparagement obligations, cooperation, and the return of property provision) (i) limits or affects Employee's right to challenge the validity of this Agreement under the ADEA or the OWBPA, (ii) prevents Employee from communicating with, without limitation filing a charge or complaint with; providing documents or information voluntarily or in response to a subpoena or other information request to; or from , and/or participating in an any investigation or proceeding conducted by by, the National Labor Relations Board, the Equal Employment Opportunity Commission, National Labor Relations Board, the Securities and Exchange Commission, the Occupational Safety and Health Administration, law enforcement, or and/or any other federal, state or local government agency. Further, the Parties agree that nothing in this Agreement shall be construed or deemed to interfere with any protected right to file a charge or complaint with any applicable federal, state or local governmental administrative agency charged with the enforcement of any lawslaw, or from testifying, providing evidence, responding with any protected right to a subpoena participate in an investigation or discovery request in court litigation or arbitrationproceeding conducted by such administrative agency, or to recover any award offered by such administrative agency associated with such charge or complaint. However, by signing this Agreement you understand that you are waiving your right to receive individual relief (iiiincluding without limitation back pay, front pay, reinstatement or other legal or equitable relief) prevents based on claims asserted in any such charge or complaint, except where such a non-managementwaiver is prohibited and except for any right you may have to receive a payment or award from a government agency (and not the Company) for information provided to the government agency. You understand that your release of claims as contained in this Agreement do not extend to any rights you may have under any laws governing the filing of claims for COBRA, non-supervisory employee from engaging in protected concerted activity unemployment, disability insurance and/or workers’ compensation benefits. You further understand that nothing herein shall be construed to prohibit you from: (a) challenging the Company’s failure to comply with its promises under this Agreement; (b) asserting your right to any vested benefits to which you are entitled pursuant to the terms of the applicable plans and/or applicable law; and, (c) asserting any claim that cannot lawfully be waived by private agreement, (d) exercising your rights under Section 7 of the NLRA or under similar state law such as joiningNational Labor Relations Act to engage in protected, assisting, or forming a union, bargaining, picketing, striking, or participating in concerted activity with other activity for mutual aid or protection, or refusing to do soemployees; and/or (e) asserting any claim that may arise after the date this includes using or disclosing information acquired through lawful means regarding wages, hours, benefits, or other terms and conditions of employment, except where the information Agreement was entrusted to the employee in confidence by the Company as part of the employee's job dutiessigned.
Appears in 1 contract
No Interference with Rights. Employee understands this Agreement does not apply to (i) claims for unemployment or workers' compensation benefitsAs provided by the Defend Trade Secrets Act, (ii) claims or rights that may arise after the date that Employee signs this Agreement, (iii) claims for reimbursement of expenses under the Company's expense reimbursement policies, (iv) any vested rights under the Company's ERISA-covered employee benefit plans as applicable on the date Employee signs this Agreement18 U.S.C. § 1833(b), and (v) any claims other applicable law, the Parties agree that controlling law clearly states may not be released by private agreement. Moreover, nothing in this Agreement (shall be construed to prohibit you from challenging illegal conduct or engaging in protected activity, including but not limited without limitation reporting possible violations of any law or regulation to the acknowledgements, release of claims, the promise not to sue, the confidentiality and non-disparagement obligations, cooperation, and the return of property provision) (i) limits any governmental agency or affects Employee's right to challenge the validity of this Agreement entity or making other disclosures that are protected under the ADEA whistleblower provisions of any law or the OWBPA, (ii) prevents Employee from communicating withregulation, filing a charge or complaint with; providing documents or information voluntarily or in response to a subpoena or other information request to; or from , and/or participating in an any investigation or proceeding conducted by by, the National Labor Relations Board, the Equal Employment Opportunity Commission, National Labor Relations Board, the Securities and Exchange Commission, the Occupational Safety and Health Administration, law enforcement, or and/or any other federal, state or local agency charged government agency. Further, the Parties agree that nothing in this Agreement shall be construed to interfere with the enforcement ability of any lawsfederal, state or local government agency to investigate any such charge or complaint, or from testifyingyour ability to communicate voluntarily with any such agency. However, providing evidenceby signing this Agreement, responding you understand that you are waiving your right to a subpoena receive individual relief based on claims asserted in any such charge or discovery request in court litigation or arbitration, or (iii) prevents a non-management, non-supervisory employee from engaging in protected concerted activity under Section 7 of the NLRA or under similar state law such as joining, assisting, or forming a union, bargaining, picketing, striking, or participating in other activity for mutual aid or protection, or refusing to do so; this includes using or disclosing information acquired through lawful means regarding wages, hours, benefits, or other terms and conditions of employmentcomplaint, except where such a waiver is prohibited. You understand that your release of claims as contained in this Agreement does not extend to any rights you may have under any laws governing the information was entrusted filing of claims for COBRA, unemployment, disability insurance and/or workers’ compensation benefits. You further understand that nothing herein shall be construed to prohibit you from: (a) challenging the Company’s failure to comply with its promises to make payment and provide other consideration under this Agreement; (b) asserting your right to any vested benefits to which you are entitled pursuant to the employee in confidence by the Company as part terms of the employee's job dutiesapplicable plans and/or applicable law; (c) challenging the knowing and voluntary nature of your release of claims under the Age Discrimination in Employment Act of 1967; and/or (d) asserting any claim that cannot lawfully be waived by private agreement.
Appears in 1 contract
No Interference with Rights. Employee understands this Nothing in the Agreement does not apply is intended to waive claims (i) claims for unemployment or workers' ’ compensation benefits, (ii) claims or rights that may arise after the date that Employee signs this Agreement, (iii) claims for reimbursement of expenses under the Company's expense reimbursement policies, (iv) any vested rights under the Company's ERISA-covered employee benefit plans as applicable on the date Employee signs this the Agreement, and (iii) that may arise after Employee signs the Agreement, (iv) for reimbursement of reasonable expenses under the Company’s expense reimbursement policies, (v) for claims for indemnification as an officer or director of the Company or any claims that controlling law clearly states may Company Group Member under applicable directors and officers insurance, the Company or Company Group Member bylaws, articles of incorporation or any indemnification agreement, or (vi) which cannot be released by private agreement. Moreover, nothing Nothing in this the Agreement (including but will prevent Employee from exercising any rights that cannot limited to be lawfully waived or restricted. Nothing in the acknowledgements, release of claims, the promise not to sue, the confidentiality and non-disparagement obligations, cooperation, and the return of property provision) (i) limits or affects Employee's right to challenge the validity of this Agreement under the ADEA or the OWBPA, (ii) prevents Employee from communicating withtestifying at a hearing, filing deposition or in court in response to a lawful subpoena. Nothing in the Agreement limits Employee’s ability to file a charge or complaint with; providing documents or information voluntarily or in response to a subpoena or other information request to; with or from participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission, the Occupational Safety and Health AdministrationUnited States Department of Justice, law enforcementCongress, any agency Inspector General or any other federal, state or local governmental agency charged or commission (all of which are referred to in the Agreement as “Government Agencies”). Further, the Agreement does not limit Employee’s ability to communicate with the enforcement of any lawsGovernment Agencies or otherwise participate in any investigation or proceeding that may be conducted by any Government Agency, or from testifying, including providing evidence, responding to a subpoena or discovery request in court litigation or arbitration, or (iii) prevents a non-management, non-supervisory employee from engaging in protected concerted activity under Section 7 of the NLRA or under similar state law such as joining, assisting, or forming a union, bargaining, picketing, striking, or participating in other activity for mutual aid or protection, or refusing to do so; this includes using or disclosing information acquired through lawful means regarding wages, hours, benefits, documents or other terms and conditions of employmentinformation, except where the information was entrusted without notice to the employee Company. The Agreement does not limit Employee’s right to receive an award from a Government Agency for information provided to any Government Agencies. Employee agrees that Employee has waived any right—where such right can be waived—to recover monetary damages or other personal relief from the Released Parties in confidence any action filed by the Company as part of the employee's job dutiesEmployee or by anyone else on Employee’s behalf.
Appears in 1 contract
No Interference with Rights. Employee understands Nothing in this Agreement does not apply is intended to waive claims (i) claims for unemployment or workers' ’ compensation benefits, (ii) claims or rights that may arise after the date that Employee signs this Agreement, (iii) claims for reimbursement of expenses under the Company's expense reimbursement policies, (iv) any vested rights under the Company's ERISA-covered employee benefit plans as applicable on the date Employee Separation Date, (iii) that may arise after Executive signs this Agreement, and (iv) for reimbursement of expenses under the Company’s expense reimbursement policies, or (v) any claims that controlling law clearly states may which cannot be released by private agreement. MoreoverIn addition, nothing in this Agreement (including but not limited to the acknowledgementsacknowledgments, release of claims, the promise not to sueproprietary information, the confidentiality and non-disparagement obligations, cooperationconfidentiality, and the return of property provision) cooperation provisions, (i) waives Executive’s right to testify in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or alleged sexual harassment on the part of the Company, or on the part of the agents or employees of the Company, when Executive has been required or requested to attend such a proceeding pursuant to a court order, subpoena, or written request from an administrative agency or the legislature, (ii) limits or affects Employee's Executive’s right to challenge the validity of this Agreement under the ADEA or the OWBPA, (iiiii) prevents Employee Executive from communicating with, filing a charge or complaint with; providing documents or information voluntarily or in response to a subpoena or other information request to; with or from participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission, National Labor Relations Board, the Securities and Exchange Commission, the Occupational Safety and Health Administration, law enforcement, or any other any federal, state or local agency charged with the enforcement of any laws, including providing documents or from testifying, providing evidence, responding to a subpoena or discovery request in court litigation or arbitrationany other information, or (iiiiv) prevents a non-management, non-supervisory employee limits Executive from engaging in protected concerted activity exercising rights under Section 7 of the NLRA to engage in protected, concerted activity with other employees, although by signing this Agreement Executive waiving rights to individual relief (including backpay, frontpay, reinstatement or under similar state law such as joiningother legal or equitable relief) in any charge, assistingcomplaint, or forming a union, bargaining, picketing, striking, or participating in other activity for mutual aid or protection, or refusing to do so; this includes using or disclosing information acquired through lawful means regarding wages, hours, benefits, lawsuit or other terms and conditions of employmentproceeding brought by Executive or on Executive’s behalf by any third party, except where for any right Executive may have to receive a payment or award from a government agency (and not the Company) for information was entrusted provided to the employee in confidence by the Company as part of the employee's job dutiesgovernment agency or otherwise where prohibited.
Appears in 1 contract
Samples: Transition Services, Separation and Release Agreement (Fox Factory Holding Corp)
No Interference with Rights. Employee understands this Agreement does not apply to (i) claims for unemployment or workers' compensation benefits, (ii) claims or rights that may arise after the date that Employee signs this Agreement, (iii) claims for reimbursement of expenses under the Company's expense reimbursement policies, (iv) any vested rights under the Company's ERISA-covered employee benefit plans as applicable on the date Employee signs this Agreement, and (v) any claims that controlling law clearly states may not be released by private agreement. Moreover, nothing A. Nothing in this Agreement (including but not limited to the acknowledgements, release of claims, the promise not to sueacknowledgements, the confidentiality and confidentiality, non-disparagement obligationsdisparagement, cooperationconfidential information, attorneys’ fees, and the return of property provision) (i) limits or affects Employee's right to challenge the validity of this Agreement under the ADEA or the OWBPAcooperation provisions, (ii) prevents prevent Employee from communicating with, filing a charge or complaint with; providing documents or information voluntarily or and cooperating in response to a subpoena or other information request to; or from participating in an investigation or proceeding conducted by good faith with the Equal Employment Opportunity CommissionEEOC, National Labor Relations Board, the Securities and Exchange Commission, the Occupational Safety and Health Administration, law enforcement, or any other self-regulatory organization or any other federal, state or local agency charged with (each a “Government Agency”) for the enforcement purpose of (i) reporting a possible violation of any lawsU.S. federal, state, or from testifyinglocal law or regulation, providing evidence(ii) filing a charge or complaint with a Government Agency, responding to a subpoena or discovery request in court litigation or arbitration, or (iii) prevents participating in an investigation or proceeding conducted by a non-managementGovernment Agency, non-supervisory employee from engaging in protected concerted activity (iv) exercising rights under Section 7 of the NLRA to engage in protected, concerted activity with other employees, although by signing this Agreement Employee is waiving rights to individual relief (including any money damages, reinstatement or under similar state law such as joiningother legal or equitable relief) in any charge, assistingcomplaint, or forming a union, bargaining, picketing, striking, or participating in other activity for mutual aid or protection, or refusing to do so; this includes using or disclosing information acquired through lawful means regarding wages, hours, benefits, lawsuit or other terms and conditions of employmentproceeding brought by Employee or on Employee’s behalf by any third party, except where such a waiver of individual relief is prohibited. Additionally, Employee shall not be held criminally or civilly liable under any federal or state trade secret law for the information was entrusted to the employee disclosure of a trade secret that is made (a) in confidence to a federal, state, or local government official, or to an attorney, solely for the purpose of reporting or investigating a suspected violation of law, (b) in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal; or (c) in court proceedings if Employee files a lawsuit for retaliation by an employer for reporting a suspected violation of law, or to Employee’s attorney in such lawsuit, provided that Employee must file any document containing the trade secret under seal, and Employee may not disclose the trade secret, except pursuant to court order. Notwithstanding the foregoing, under no circumstance will Employee be authorized to make any disclosures as to which the Company may assert protections from disclosure under the attorney-client privilege or the attorney work product doctrine, without prior written consent of the Company’s General Counsel or another authorized officer designated by the Company as part of the employee's job duties.Company. [Signature Page Follows]
Appears in 1 contract
Samples: Separation Agreement
No Interference with Rights. Employee understands this Agreement does not apply to (i) claims for unemployment or workers' compensation benefits, (ii) claims or rights that may arise after the date that Employee signs this Agreement, (iii) claims for reimbursement of expenses under the Company's expense reimbursement policies, (iv) any vested rights under the Company's ERISA-covered employee benefit plans as applicable on the date Employee signs this Agreement, and (v) any claims that controlling law clearly states may not be released by private agreement. Moreover, nothing A. Nothing in this Agreement (including but not limited to the acknowledgements, release of claims, the promise not to sueacknowledgements, the confidentiality and confidentiality, non-disparagement obligationsdisparagement, cooperationconfidential information, attorneys’ fees, and the return of property provision) (i) limits or affects Employee's right to challenge the validity of this Agreement under the ADEA or the OWBPAcooperation provisions, (ii) prevents prevent Employee from communicating with, filing a charge or complaint with; providing documents or information voluntarily or and cooperating in response to a subpoena or other information request to; or from participating in an investigation or proceeding conducted by good faith with the Equal Employment Opportunity CommissionEEOC, National Labor Relations Board, the Securities and Exchange Commission, the Occupational Safety and Health Administration, law enforcement, or any other self-regulatory organization or any other federal, state or local agency charged with (each a “Government Agency”) for the enforcement purpose of (i) reporting a possible violation of any lawsU.S. federal, state, or from testifyinglocal law or regulation, providing evidence(ii) filing a charge or complaint with a Government Agency, responding to a subpoena or discovery request in court litigation or arbitration, or (iii) prevents participating in an investigation or proceeding conducted by a non-managementGovernment Agency, non-supervisory employee from engaging in protected concerted activity (iv) exercising rights under Section 7 of the NLRA to engage in protected, concerted activity with other employees, although by signing this Agreement Employee is waiving rights to individual relief (including any money damages, reinstatement or under similar state law such as joiningother legal or equitable relief) in any charge, assistingcomplaint, or forming a union, bargaining, picketing, striking, or participating in other activity for mutual aid or protection, or refusing to do so; this includes using or disclosing information acquired through lawful means regarding wages, hours, benefits, lawsuit or other terms and conditions of employmentproceeding brought by Employee or on Employee’s behalf by any third party, except where such a waiver of individual relief is prohibited. Additionally, Employee shall not be held criminally or civilly liable under any federal or state trade secret law for the information was entrusted to the employee disclosure of a trade secret that is made (a) in confidence to a federal, state, or local government official, or to an attorney, solely for the purpose of reporting or investigating a suspected violation of law, (b) in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal; or (c) in court proceedings if Employee files a lawsuit for retaliation by an employer for reporting a suspected violation of law, or to Employee’s attorney in such lawsuit, provided that Employee must file any document containing the trade secret under seal, and Employee may not disclose the trade secret, except pursuant to court order. Notwithstanding the foregoing, under no circumstance will Employee be authorized to make any disclosures as to which the Company may assert protections from disclosure under the attorney-client privilege or the attorney work product doctrine, without prior written consent of the Company’s General Counsel or another authorized officer designated by the Company as part of the employee's job dutiesCompany.
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